DUI Expungement - DUI LAW

WHAT IS EXPUNGEMENT?
Expungement is the removal of records from public inspection. In Maryland, records
may be expunged from 1) Motor Vehicle Administration files, 2) police files and 3)
court and police files. Each process removes very specific files and must be done
through the proper agency. You must apply for expungement of each arrest based on
the date of arrest and according to the disposition. No process expunges the records
from all agencies.
MOTOR VEHICLE ADMINISTRATION (MVA)
Many motor vehicle records are automatically expunged after 3 years; other records
may be manually expunged, depending upon the offense for which you were
convicted and the length of time since your last conviction. For additional information,
contact the MVA.
POLICE RECORDS: WHEN NO CHARGES WERE FILED
. Effective 10/1/2007, if you were detained by a police agency, but were released
without being charged, records will automatically be expunged within 60 days after
release.
. Prior to 10/1/2007, if you were detained by a police agency, but were released
without being charged, records may exist in police files. To get these records
expunged, contact the arresting agency and request an Investigative Release Form.
Ask the agency for specific information on how its process works. Expungement must
be requested? within 8 years of incident date.
COURT/POLICE RECORDS MAY EXIST:
. If you have been arrested and charged with a crime, including a traffic violation for
which a term of imprisonment may be imposed.
. If you have been charged with a civil offense or infraction as a substitute for a
criminal charge.
Court records are not automatically expunged. To remove these records, you may
file a petition for expungement with the court if:
. You were found not guilty.
. You were found guilty of certain nuisance crimes.
. The charge was dismissed.
. The charge resulted in probation before judgment (excluding charges of driving
while under the influence or driving while impaired).
. The State's Attorney did not prosecute (nolle prosequi) your charge.
. The Court indefinitely postponed your case (stet).
. Your case was compromised (settled).
. You were convicted of only one non-violent criminal act and you were granted a
full
and unconditional pardon by the Governor.
WHEN CAN I FILE FOR EXPUNGEMENT?
The waiting period required for filing a petition for expungement varies, depending
on how your case was concluded and whether you file a General Waiver and Release
(Form CC-DC/CR 78).
. If your petition is based on an acquittal, a nolle prosequi, or a dismissal, you may
file a petition three years after the disposition, or within three years if you file a
General Waiver and Release of all legal claims and lawsuits arising from the charge.
. If your petition is based on a probation before judgment, you may file:
3 or more years after probation was granted or discharged, whichever is later.
. If your petition is based on a guilty verdict for a specified nuisance crime, you may
file:
3 or more years after the conviction or satisfactory completion of the sentence,
including probation, whichever is later.
. If your petition is based on a stet or a compromise, you may not file within 3 years
of your cases's disposition.
. You may also petition the court for expungement at any time on a showing of good
cause.
DUI Lawyers and DUI expungement legal info
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